HomeDivorceThe Basics of NY Divorce Laws and Queries Answered

The Basics of NY Divorce Laws and Queries Answered

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Filling divorce in NYC differs from that in other states in the USA, mainly because it is a no-fault state. People in NYC have the freedom to file a divorce if they want to without any viable reasons or might hint at a failed marriage. According to the divorce law in this state, you do not have to find faults in your spouse to file a divorce. There is no waiting period for the divorce to conclude; people could choose either contested or uncontested divorce to end their marriage. Despite having so much clarity and freedom, some divorce cases get to an extreme level, and matters such as asset division and child custody become problematic.

People have couples who have figured out many things about the NY divorce laws, so they have yet to figure it out for themselves. For instance, people might have concerns about the following:

How assets are divided during divorce as per the law

Marital assets are separated based on the NY divorce laws of impartial distribution throughout a divorce. Do not expect a 50-50 split because it does not always happen. Both parties split their assets into one or two groups during the negotiation. Their conjugal assets are also part of the division, but the separate properties are not.  These properties are legacy gifts obtained before marriage; hence, they are not called marital properties. But when both parties consider their estate or property marital, they can decide how it should be divided.

When both parties fail to reach a conclusion to their divorce, the court intervenes and places a mediator. In the end, the judge decides what is best and fair for both parties. However, such decisions are not always satisfying for the estranged spouses.

Why 50-50 split during a divorce is difficult      

Lawyers can present many reasons to prove a 50-50 split is difficult in NYC. For example, the courts are keen to see facts rather than written statements when it comes to divorce. They use divorce laws in NY to divide conjugal properties and debts in a reasonable manner. Despite its shortcomings, approximately half the estate goes to people who just got divorced. Spouses must come to a settlement to decide who will do what during divorce.

Under the NY divorce laws, when both estranged spouses come to terms, they receive what they want, and the court respects their decision. During a contested divorce, hiring a Queens divorce lawyer will guarantee that you receive what you are entitled to.

Why would you need a divorce lawyer in NYC?

People can file a divorce as long as they are aware of the NY divorce laws. But complicated cases require professional assistance or, to be precise, need legal representation. A divorce lawyer can help you regain your kids and safeguard parental rights.  If your estranged spouse demands unreasonably high alimony, the lawyer will ensure you do not go out of your way more than what is legally obliged.  Remember that an uncontested divorce can be complicated and filled with doubts. If you wish to protect your parental rights and properties, your lawyer will protect what is most important to you.

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